REQUEST FOR QUOTATIONS HVAC UPGRADE PUBLIC SAFETY BUILDING. Issue/Posting Date. January 30, Mandatory Pre-Bid Site Inspection

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1 REQUEST FOR QUOTATIONS HVAC UPGRADE PUBLIC SAFETY BUILDING Issue/Posting Date January 30, 2013 Mandatory Pre-Bid Site Inspection February 12, 10:00 a.m. Public Safety Building 965 Sonoma Ave., Santa Rosa, CA R.S.V.P. required by 5:00 p.m. 2/7/13 Quotes Due February 27, 2013, by 5:00 p.m. To Valerie Shatto, Buyer City of Santa Rosa - Purchasing Office 635 First Street 2nd Floor Santa Rosa, CA vshatto@srcity.org

2 Public Safety Building Page 1 of 35 TABLE OF CONTENTS Request for Quote 2 Special Provisions 5 General Provisions 8 Required Data Forms 17 Exceptions to the Specifications 18 History and Capability 19 Required Licenses 20 Financial Capability 21 Subcontractors 22 Designated Contacts 23 City of Santa Rosa Bond Forms and Checklist 24 City Insurance Requirements 31 Sample Contract Agreement 34 Attachments Attachment 1 Scope of Work Attachment 2 Drawings

3 Public Safety Building Page 2 of 35 REQUEST FOR QUOTATIONS HVAC UPGRADE PUBLIC SAFETY BUILDING Mailed or faxed Quotes, signed and subject to the Request For Quotations Provisions and Specifications, will be received at the Purchasing Office located at 635 First Street, 2 nd Floor, Santa Rosa, CA 95404, or by Fax at until February 27, 2013 at 5:00 p.m. for furnishing the supplies and/or services described in the schedule below in compliance with the terms, conditions and specifications contained herein. The City of Santa Rosa desires to contract to upgrade the HVAC system at the Public Safety Building as per specifications listed within RFQ. The work under the resulting contract will include furnishing of all labor, materials, services and transportation, except as specifically excluded, which is required for completion of the project in accordance with the terms and provisions of the contract document. The estimated budget for the project is $25,000. NOTE: There will be a Mandatory Site Inspection at 10:00 a.m. on February 12, R.S.V.P. to site inspection by 5:00 p.m. on February 7, Contractors not participating in the site inspection will be considered non-responsive to the bid and will not be eligible for contract award. The site visit will be conducted by the City s Facilities Maintenance Coordinator and Purchasing and will meet at the Public Safety Building, 965 Sonoma Ave., Santa Rosa, CA There will be no rescheduling of the mandatory site visit. NOTE: Prospective contractors must possess a State of California Contractors License B (General) and/or C-10 (Electrical) to perform work specified herein and under the resulting contract. Item No. Qty Unit Bid Item No Job HVAC Upgrade at Public Safety Building located at 965 Sonoma, Santa Rosa, CA $ Total Bid Amount The following information for PDF bid documents are named as follows: Attachment 1 Scope of Work Attachment 2 Drawings The above-referenced documents are provided as attachments to the Bid Notice of this RFQ, and all documents are listed online at:

4 Public Safety Building Page 3 of 35 The Contractor verifies the project Special Provisions, General Provisions, Sample Contract Agreement and Bond/Insurance requirements and is determined to be acceptable. The Contractor verifies that they have provided a copy of the Insurance requirements to their Insurance provider, and that if selected as the successful bidder, Insurance will be provided as per City of Santa Rosa requirements. This includes General Liability with the Additional Insured form CG, naming the City of Santa Rosa, Its Officer, Agents Employees and Volunteers as an Additional Insured on a form CG prior 2004, is primary & non- contributory, and Auto Liability and Workman s comp with a Waiver of Subrogation. See Insurance Requirements on Page 31 & 32. Signature of Bidder To be completed by Bidder: Date Submitted Printed Bidder s Name Company Address The City of Santa Rosa does not discriminate on the basis of disability in the admissions or access to, or treatment of or employment in, its programs or activities. Disability-related aids or services, including printed information in alternate formats, to enable persons with disabilities to participate in public meetings, programs, bid openings, and to deliver bid packages to the location specified herein, are available by contacting Jennifer Myles, Senior Buyer at (707) one week prior to the meeting, program, or bid opening. By signature, Bidder warrants that: all information required by the Special and General Provisions of this Contract have been met and submitted herein. Bidder warrants that pricing will be held for a period of ninety (90) days from date of Bid Opening, all addenda (if issued) have been received, reviewed and incorporated into the Bid and scope of work, the Bidder is able to furnish all Bonds and Certificates of Insurance as requested by the Special Provisions, only Guarantee/Bid Bond is required at the time of bid submittal. Additional Bonds will be required upon Notice of Award and recommendation of contract. the City of Santa Rosa will not be responsible for any error or omissions on the part of the signatory making this proposal. Bidder agrees to enter into a contract with the

5 Public Safety Building Page 4 of 35 City of Santa Rosa and to commence work within ten (10) calendar days from the day authorized in the Notice of Approval of Contract and Work Order and to diligently prosecute the same to completion. the Bidder is in compliance with the non-collusion statement described in the Special and/or General Provisions, conforming to Title 23 United States Code Section 112 and Public Contract Code The non-collusion form will not be provided by the City in this bid document. and, in case of default in executing the required contract, together with the necessary bonds, within the period of time provided in the Provisions, the proceeds of the security accompanying this proposal shall become the property of the City of Santa Rosa, California, and this proposal and the acceptance thereof may be considered null and void.

6 Public Safety Building Page 5 of 35 SPECIAL PROVISIONS Mandatory Site Inspection: A Mandatory Pre-Bid Site Inspection will take place on February 12, 2013, at 10:00 a.m., at the Public Safety Building, 965 Sonoma Ave., Santa Rosa, CA R.S.V.P. to Valerie Shatto via regarding the site inspection by 5:00 p.m. February 7, This will be the only scheduled walk through for this project. Please make every effort to have interested parties in attendance. [NOTE: Contractors not participating in the mandatory site inspection will be considered non-responsive to the bid and will not be eligible for contract award.] Notices: Bids will be received at the Purchasing Office of the City of Santa Rosa, located at 635 First Street, 2 nd Floor, Santa Rosa, CA, until 5:00 p.m., on February 27, Bids received after the Bid due date will not be accepted for any reason. Bids are required for the entire work, herein, and for complete systems, means and methods for accomplishing and otherwise achieving the work herein. The successful Bidder will be required to pay, or have evidence of payment of, the City of Santa Rosa business tax before commencing work on this project. For information regarding the business tax, contact the City of Santa Rosa Revenue and Collections Department. Quote Guarantee/Bid Bond: All quotes shall be accompanied by cash, cashier's or certified check, or by a bidder's bond made payable to the City of Santa Rosa and executed as surety by a corporate surety authorized and admitted to transact surety business in the State of California, for an amount equal to at least 10% of the amount of said bid. Note: Only Quote Guarantee/Bid Bond is required with bid submittal. All other bonds will be asked to be provided by Contractor who is awarded the contract. Prevailing Wage and Bonds: Pursuant to Labor Code S1770 et seq., each laborer or mechanic of contractor or any subcontractor engaged in work on the project under this contract shall be paid not less than the hourly wage rate of per diem wages set forth in the prevailing wage rate schedule published by the Director of Industrial Relations, regardless of any contractual relationship which may be alleged to exist between contractor or any subcontractor and such laborers and mechanics. A copy of the schedule of prevailing wage rates is available for review. For a copy, contact the City of Santa Rosa Purchasing Division, 55 Stony Point Road, Santa Rosa, CA Any laborer or mechanic employed to perform work on the project under this contract, which work is not covered by any of the foregoing classifications, shall be paid not less than the prevailing rate of per diem wages specified herein for the classification which most nearly corresponds to the work to be performed by him. The foregoing specified prevailing wage rates are minimum rates only, and the contractor may pay any wage rate in excess of the applicable rate contained in this contract. Pursuant to Labor Code 1775, the contractor, as a penalty to the owner, shall forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof for each worker paid less than the prevailing rate established by the Department of Industrial Relations for such work or

7 Public Safety Building Page 6 of 35 craft in which such worker is employed. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which the worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor. NOTE: An error on the part of an awarding body does not relieve the contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Contract Bonds: The successful bidder shall furnish three (3) good and sufficient bonds (one copy), issued by a corporate surety authorized and admitted to transact a surety business in the State of California, for purposes stated below. Each of the said bonds shall be executed in a sum equal to one-half of the contract price. These bonds shall be submitted within ten (10) days after receipt of the Notice of Award. (a) Performance Bond: A performance bond shall be furnished to guarantee the faithful performance of the terms and conditions of the said contract by the contractor. (b) Labor and Material Bond: A labor and material bond (payment bond) shall be furnished in accordance with Chapter 7, Section 3247 et seq. of the California Civil Code to guarantee the City against any and all claims of subcontractors or other third parties furnishing labor, materials, or supplies for said contract. (c) Material Guaranty Bond: the contractor shall furnish a material guaranty bond (warranty bond) to serve as surety for unconditional guarantee of materials for a period of one (1) years from the date of recording the Notice of Completion. The guarantee shall cover 100% of all costs of repairs within this one (1) year period, including all costs of labor, materials, equipment, and incidentals. Whenever surety or sureties on any such bonds, or on any bonds, required by law for the protection of the claims of laborers and materials men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary considering the extent of work remaining to be done. Thereafter, no payment shall be made upon the contract to the contractor or any assignees of the contractor until such bond/bonds or additional surety/sureties have been furnished. Project Schedule: It is anticipated Purchasing Agent will approve award of bid to the lowest responsive and responsible bidder and the contract work will begin in March 2013 after issuance of a notice to proceed. All work must be completed no later than 15 working days. Hours of Work and Use of Site: Monday through Friday, 8:00a.m. - 5:00p.m. Hindrances and Delays: The Contractor expressly agrees that the service schedule named in the contract includes allowances for all hindrances or delays incidental to the work. There will be no claims made by the Contractor for hindrances or delays, from any cause, during the progress of the work, except as provided under "Suspension of Work and Extensions of Time." Inadequate planning on the part of the Contractor or any Subcontractor for deliveries and procurement of items essential to the project s completion within the allotted schedule, does not automatically warrant a claim for hindrance or delay.

8 Public Safety Building Page 7 of 35 Contract Extension: Should the Contractor be unable to complete the scope of the work described in this contract within the specified time period, the contractor may submit to the City Purchasing Agent, in writing, a detailed request to extend the time period allowed under the contract for a reasonable number of days to allow the contractor to complete the contract. However, the City reserves the right to approve or disapprove said extension. Unfavorable Work Conditions: During unfavorable weather, or other unsuitable conditions, the Contractor shall confine operations to work, which will not be effected adversely thereby. No portions of the work shall be performed under conditions, which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken by the contractor to perform the work in a proper and satisfactory manner. Safety Equipment: Contractor shall provide all necessary safety equipment, including but not limited to helmets, glasses, earplugs, and to ensure that his crews use this safety equipment when working on this job. Contractor shall be held accountable for any infraction of safety equipment use. Losses from Natural Causes: All loss or damage arising out of the nature of the work, or from the action of the elements, or from floods or overflows, or from groundwater, or from any unusual obstruction or difficulty, or any other natural or existing circumstance either known or unforeseen, which may be encountered in this prosecution of work, shall be sustained and borne by the Contractor at his own cost and expense. Fees, Permits and Forms: The Contractor will be responsible for obtaining all applicable permits, licenses and fees for the completion of this project. The City will be responsible for all costs associated with City issued permit fees.

9 Public Safety Building Page 8 of 35 GENERAL PROVISIONS STANDARDS: The work embraced herein shall be done in accordance with the Standard Specifications of the State of California, Department of Transportation, dated January, 1992 insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications; in accordance with the City of Santa Rosa Construction Specifications for Public Improvements, which specifications are hereinafter referred to as the City Specifications; in accordance with the City of Santa Rosa Design and Construction Standards, which Standards are hereinafter referred to as the City Standards; in accordance with the City of Santa Rosa Standard Plans, which plans are hereinafter referred to as City Standard Plans; and in accordance with the following Special Provisions. In the event of a conflict in the contract documents, the order of precedence from highest to lowest shall be as follows: Contract Specifications, Standard Specifications, Plans, City Standard Plans, City Standards, Uniform Building Code, Uniform Plumbing Code. QUOTES: Contractors are required to submit a quote on all bid items. Quote submittals which do not have all items quoted will not be considered. Discounts for prompt payment must be shown on quote; otherwise, prices will be considered net. Unless prices and all information requested are complete, quote may be disregarded and given no consideration. This Request For Quotations shall result in a firm, fixed price contract. In case of default by the contractor, the City of Santa Rosa may procure the articles or services from other sources and may deduct from any monies due, or that may thereafter become due to the contractor, the difference between the price named in the contract or purchase order and actual cost thereof to the City of Santa Rosa. Prices paid by the City shall be considered the prevailing market price at the time such purchase is made. Periods of performance may be extended if the facts as to the cause of delay justify such extension in the opinion of the Purchasing Agent. All prices and quotes must be in ink or typewritten. No pencil figures or erasures are permitted. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by person signing the quote. All quotes must be signed with the firm's name and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. SUBMISSION OF QUOTES: Each quote must be submitted on the prescribed form in a sealed envelope with the quote number, closing date and time on the outside. Information must be furnished complete in compliance with the terms, conditions, provisions and specifications of the Request For Quotations. The information requested and the manner of submission are essential to permit prompt evaluation of all quotes on a fair and uniform basis. Accordingly, the City reserves the right to declare as non-responsive, and

10 Public Safety Building Page 9 of 35 reject any quote in which material information requested is not furnished or where indirect or incomplete answers or information is provided. Quotes and modifications or corrections thereof received after the closing time specified will not be considered. Quotes shall be for the total net price including all applicable taxes and charges. No telegraphic, telephone or facsimile of quotes will be accepted. If a photocopy is to be submitted, it must be signed in original, in ink. If you do not quote, return this Request For Quotations and state reason, otherwise your name may be removed from the City's mailing list. QUOTE POSTPONEMENT AND AMENDMENT: The City of Santa Rosa reserves the right to revise or amend the specifications up to the time set for opening of quotes. Such revisions and amendments, if any, shall be announced by amendments to this solicitation. Copies of such amendments shall be furnished to all prospective contractors. Prospective contractors are defined as those contractors listed on the City's bid list for this material/service, or who have obtained his documents subsequent to the advertisement. If revisions and amendments require changes in quantities or prices proposed, or both, the date set for opening of quotes may be postponed by such number of days as in the opinion of the City shall enable contractors to revise their quotes. In any case, the quote opening shall be at least five working days after the last amendment, and the amendment shall include an announcement of the new date, if applicable, for the opening of quotes. SINGLE QUOTE RESPONSE: If only one quote is received in response to the Request For Quotations, a detailed cost proposal may be requested of the single contractor. A cost/price analysis and evaluation and/or audit may be performed of the cost proposal in order to determine if the price is fair and reasonable. QUOTE WITHDRAWAL: After the quotes are opened, quotes may not be withdrawn for ninety (90) calendar days. Prior to the date/time set for the quote opening, however, quotes may be modified or withdrawn by the contractor's authorized representative in person, or by written telegraphic notice. If quotes are modified or withdrawn in person, the authorized representative shall make his identity known and shall sign a receipt for the quote. Written or telegraphic notices shall be received in the office designated on Page No. 1 of this Request For Quotations no later than the exact date/time for the quote opening. A telegraphic modification or withdrawal received in the designated office by telephone from the receiving telegraph office no later than the date/time set for the quote opening shall be considered if such message is confirmed by a copy of the telegram. ESTIMATED QUANTITIES: The quantities shown in the Request For Quotations are an estimate only. Since the exact quantities cannot be predetermined, the City reserves the right to adjust quantities as deemed necessary to meet its requirements. BIDDER INVESTIGATION: Before submitting a quote, each contractor shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the full performance of the contract and to verify any representations made by the City upon which the contractor will rely. If the contractor receives an award as a result of its quote submission, failure to have made such investigations and

11 Public Safety Building Page 10 of 35 examinations will in no way relieve the contractor from its obligation to comply in every detail with all provisions and requirements of the contract, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for any claim whatsoever by the contractor for additional compensation. [NOTE: Refer to Special Provisions Section and/or Minimum Specifications for any additional terms and conditions.] COMPETENCY OF CONTRACTORS: No quote will be accepted from or contract awarded to a contractor who is not licensed in accordance with the law, who does not hold a license qualifying him to perform work under this contract, to whom a quote form has not been provided and who has not successfully performed on projects of similar character and scope. The contractor may be required, before the award of any contract, to show, to the complete satisfaction of the City, that it has the necessary facilities, ability, experience, and financial resources to provide the services specified herein in a satisfactory manner. Generally, contractor history and references are required at a minimum. The City may make reasonable investigations deemed necessary and proper to determine the ability of a contractor to perform the work, and the contractor shall furnish the City all information requested for this purpose. (See Required Data Section.) [NOTE: Refer to Special Provisions Section and/or Minimum Specifications for any additional terms and conditions.] AWARD: The City of Santa Rosa reserves the right to accept quotes on individual items listed, on group items, or on the proposal as a whole; to reject any and all quotes; to waive any informality in the quotes; and to accept the quote that appears to be in the best interest of the City. The City intends to award all quote items to a single contractor. In determining and evaluating the best quote, the prices will not necessarily be controlling, but quality, equality, efficiency, utility, general terms, delivery, suitability of the service offered, and the reputation of the service in general use will also be considered with any other relevant factors. Contractors shall be required to provide the information requested under Work Performance History Capability in the Required Data Section. This information will be a critical part of the quote evaluation and award. Failure to provide this information may be sufficient reason to declare the quote non-responsive. The Purchasing Agent shall be the sole judge in the determination of these matters. Notice of contract award, if contract be awarded, will be made within ninety (90) days of opening of quotes to the lowest responsive and responsible contractor, whose quote proposal complies with all the requirements in the Request For Quotations. Contractor shall submit to the City, for approval, within ten (10) days from notice of contract award, all Certificates of Insurance evidencing the required coverage as described under Insurance in the schedule of the Request For Quotations. The contractor shall not commence work under the terms and conditions of the contract until all Certificates of Insurance have been approved by the City and he has received notice to proceed in writing and an executed copy of the contract from the City of Santa Rosa Purchasing Agent. [NOTE: Refer to Special Provisions Section and/or Minimum Specifications for any additional terms and conditions.] EXECUTION OF CONTRACT: The contract shall be signed by the successful contractor and returned, together with three copies each of the three contract bonds and the correct insurance certificates, within 10 calendar days after the contractor has received notice that the contract has been awarded.

12 Public Safety Building Page 11 of 35 FAILURE TO EXECUTE CONTRACT: Failure to execute a contract and file acceptable bonds and the correct insurance certificates as provided herein within ten (10) calendar days after the contractor has received notice that the contract has been awarded shall be just cause for the annulment of the award and the forfeiture of any proposal guaranty. If the successful contractor refuses or fails to execute the contract, the City may award the contract to the second lowest responsible contractor. If the second lowest responsible contractor refuses or fails to execute the contract, the City may award the contract to the third lowest responsible contractor. On the refusal or failure of the second or third lowest responsible contractor, to whom any such contract is so awarded, to execute the same, such contractors guarantees shall be likewise forfeited to the City. The work may then be re-advertised or may be constructed by day labor as the City may decide. BEGINNING OF WORK: The contractor shall begin work within ten (10) calendar days after the day authorized in the Notice of Approval of Contract and Work Order, and shall diligently prosecute the contract to completion within 15 working days. PAYMENT TO THE CONTRACTOR Payment will be made on a calendar-month basis in arrears or as specified in the contact. Invoices shall be submitted to the person and address specified in the contract, bid, or purchase order. In the event this Agreement becomes effective or terminates during the course of a month, the amount paid to the CONTRACTOR for the part month shall be determined by prorating the amount on the basis of the number of calendar days involved. Processing of payment will be delayed for CONTRACTOR s failure to include reference to Agreement (including Number) on the invoice and for failure to maintain current insurance information with the CITY in accordance with insurance requirements hereunder. In no event shall CITY be obligated to pay late fees or interests, whether or not such requirements are contained in the CONTRACTOR S invoice. Invoices for services provided in June or for any services not previously invoiced shall be submitted within 10 working days after June 30 to facilitate CITY fiscal year end closing. Failure to comply with this invoice submission requirement may delay payment. In connection with any cash discount specified in the bid response, if applicable, or CONTRACTOR S Proposal, time will be computed from the date correct invoices are received by the person and address specified in the contract, bid, or purchase order. For the purpose of earning the discount, payment is deemed to be made on the date of mailing of the City warrant or check. CONTRACT ADMINISTRATION: Except as otherwise specifically provided in this Request For Quotations and the resulting Purchase Contract or Purchase Order, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified. Service may also be made by mail, by placing a notice, submittal or communication in an envelope with the proper first-class postage affixed thereto and addressed as indicated, and depositing said envelope in the United States mail. (See Required Data Section) MODIFICATION: This agreement shall not be modified, except in writing, by contract amendment, executed by all parties. Oral change orders are not permitted. No change in this Request For Quotations or resulting contract shall be made unless the City of Santa Rosa gives its prior written approval. The contractor shall be liable for all costs resulting from, and/or for satisfactorily correcting, any specification change not properly ordered by written modification to

13 Public Safety Building Page 12 of 35 the contract and signed by the City of Santa Rosa. [NOTE: Refer to Special Provisions Section and/or Minimum Specifications for any additional terms and conditions.] TERMINATION OF CONTRACT: If at any time, in the opinion of the City, upon recommendation of the Purchasing Agent, 1) contractor fails to conform to the requirements of this contract; 2) contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceedings are commenced against contractor which may interfere with the performance of the contract; or 4) contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing may be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract as directed by the Purchasing Agent within the time specified in such notice the City in any such case shall have the right and power, at its option and without prejudice to any other right it may have, to terminate the contract. Any excess of the cost arising therefrom will be charged against the contractor and his sureties, who will be liable thereof. In the event of such termination, all monies due the contractor or retained under terms of the contract shall be forfeited to the City, but such forfeiture will not release the contractor or his sureties from liability for failure to fulfill the contract. SOURCE OF SUPPLY AND QUALITY OF MATERIALS: All materials required to complete the work under the attached contract shall be furnished by the contractor. Upon approval of the contract, the contractor shall notify the Project Manager of the proposed source of supply of all materials to be used in the work and shall furnish samples of such materials as may be required by the Project Manager for testing. (See Required Data Section) TRADE NAMES AND ALTERNATIVES: Whenever any material or equipment is specified by patent or proprietary name or by the name of the manufacturer, such specification shall be considered as used for the purpose of describing the material or equipment desired and shall be considered as if followed by the words "or acceptable equal", whether or not such words appear. In the event any material or equipment is specified by only one patent or proprietary name or by the name of only one manufacturer, it is for the purpose of standardization or because the Project Manager knows of no equal. The contractor may offer material or equipment with equal or better qualities of performance, operation, and maintenance in substitution for those specified which he considers would be in the Project Manager's interest to accept. No offers for substitution will be acknowledged or considered from suppliers, distributors, manufacturers, or subcontractors. Any such offer shall be made in writing to the Project Manager for his consideration at least four weeks in advance of the time at which the contractor wishes to order the material or equipment for use in the work. The contractor shall include with his offer sufficient data which, together with any other data the Project Manager may require, will enable the Project Manager to assess the acceptability of the material or equipment. When the substitute equipment or material necessitates changes to or coordination with any other portion of the work, the data submitted shall include drawings and details showing all such changes, and the contractor shall perform these changes as a part of any acceptance of substitute material or equipment. The use of any material or equipment so offered will be permitted only after written acceptance of the contractor's offer by the Project Manager. Such acceptance by the Project Manager shall not relieve the contractor from full responsibility from the efficiency, sufficiency, and quality and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified by name.

14 Public Safety Building Page 13 of 35 Between the dates of public notice of advertisement and the quote opening, the City will not, under any circumstances, review or entertain any proposals for the acceptability of equipment or materials for inclusion into the contract documents. PATENTS AND ROYALTIES: All costs involved in fees, royalties, or claims for any patented invention, article, process or method that may be used upon or in any manner connected with the work under contract or the use of the completed work by the City shall be paid by the contractor and the contractor and his sureties shall protect and hold the City together with all of its officers, agents, servants, and employees harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent, and before the final payment is made on the account of the contract, the contractor shall, if requested by the City, furnish acceptable proof of a proper release from all such fees or claims. Should the contractor, his agent, servants, or employees, or any of them be enjoined from furnishing or using any invention, article, material, or plans supplied or required to be supplied or used under the contract, the contractor shall promptly substitute other articles, materials, or appliances in lieu thereof of equal efficiency, quality, finish, suitability, and market value, and satisfactory in all respects to the Project Manager. Or in the event that Project Manager elects, in lieu of such substitution, to have supplied and to retain and use any such invention, article, materials, or plans as may by the contract be required to be supplied, in that event, the contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, its officers, agents, servants and employees, or any of them to use such invention, article, materials, or appliance without being disturbed or in any way interfered with by any proceeding in law of equity on account thereof. Should the contractor neglect or refuse to make the substitution promptly or to pay such royalties and secure such licenses as may be necessary, then in that event the Project Manager shall have the right to make such substitutions or the City may pay such royalties and secure such licenses and charge the contractor even though final payment under the contract may have been made. OSHA STANDARDS: Attention is directed to the current OSHA Standards. All equipment, tools and materials which are furnished and/or installed as part of this contract shall meet or exceed the aforementioned standards in order to be considered acceptable. ASSIGNMENT AND SUBCONTRACTING: The contractor shall not assign or subcontract the work, or any part thereof, without the previous written consent of the City, nor shall he assign, by power of attorney or otherwise, any of the money payable under this contract unless written consent of the City has been obtained. No right under this contract, not claim for money due or to become due hereunder shall be asserted against the City, or persons acting for the City, by reason of any so-called assignment of this contract or any part thereof, unless such assignment has been authorized by the written consent of the City. In case the contractor is permitted to assign monies due or to become due under this contract, the instrument of assignment shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Should any subcontractor fail to perform in a satisfactory manner the work undertaken by him, his subcontract shall be immediately terminated by the contractor upon notice from the City. The contractor shall be fully responsible and accountable to the City for the acts and omissions of his subcontractors, and of persons directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in this contract shall create any contractual relation between any subcontractor and the City.

15 Public Safety Building Page 14 of 35 SUBCONTRACTORS: The "Subletting and Subcontracting Fair Practices Act" (Public Contract Code Section , inclusive) shall be considered to apply to all subcontracts in excess of one-half of one percent (.5%) of the total amount of the quote, and said act requires subcontractors, if used, to be listed in the prime contractor's quote; prohibits the substitution of subcontractors, except as therein authorized; and provides for penalties for violations of the Act. Each contractor shall, with respect to the work of any subcontractor in excess of one-half of one percent (.5%) of the total amount of the quote, list in the Required Data Section: 1) The name and the location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.5%) of the prime contractor's total quote. 2) The portion of the work which will be done by each such subcontractor. Only one subcontractor shall be listed for each such portion. If the contractor fails to specify a subcontractor for any portion of work to be performed under the contract in excess of one-half of one percent (.5%) of the contractor's total quote, contractor agrees the contractor is fully qualified to and will perform that portion of the work. The successful contractor shall not, without the consent of the City, and in compliance with the Public Contracts Code Sections , either: 1) Substitute any person as subcontractor in place of the subcontractor designated in the original quote; 2) Permit any subcontract to be voluntarily assigned or transferred or allow the work to be performed by anyone other than the original subcontractor listed in the quote; or 3) Sublet or subcontract any portion of the work in excess of one-half of one percent (.5%) of the total quote as to which the contractor's original quote did not designate a subcontractor. The purchase of sand, gravel, crushed rock, batched concrete, aggregates, ready-mixed concrete, and/or any other materials produced at and furnished from established and recognized commercial plants, together with the delivery of such materials to the site of the work by means of vehicles owned and operated by such plants or by recognized commercial hauling companies, shall not be considered as subcontracting under these special provisions. PRESERVATION OF PROPERTY: Attention is directed to Sections and of the Standard Specifications. All improvements consisting of fences, gates, landscaping, drainage ditches, sidewalks, irrigation systems, or other improvements which are injured, removed or destroyed by reasons of the contractor's operations shall be replaced in kind or restored to a condition as good as when the contractor entered upon the work, all at the contractor's expense. Full compensation for conforming to the provisions of this article, including removing and relocating fences, shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor.

16 Public Safety Building Page 15 of 35 RESPONSIBILITY FOR DAMAGE AND INSURANCE: The contractor shall assume all responsibility for damage to property or injuries to persons caused by any equipment furnished by him under the contract or the operation thereof. The contractor shall take out and maintain during the life of the contract public liability, property damage, and Workers Compensation insurance in the minimum amounts and coverages listed in the Insurance. Such insurance shall not be construed to relieve the contractor for any liability in excess of such coverages. INDEMNIFY AND HOLD HARMLESS AGREEMENT: Contractor agrees to accept all responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees, from and against any and all actions, claims, damages, disabilities, or costs of litigation that may be asserted by any person or entity, arising out of or in connection with the negligent or willful misconduct in the performance by contractor hereunder, whether or not there is concurrent, passive or active negligence on the part of the City, but excluding liability due to the sole active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for contractor or its agents under Workers= Compensation acts, disability benefits acts or other employee's benefits acts. Contractor shall be liable to the City for any loss or damage to City property arising from or in connection with contractor performance hereunder. FEDERAL & STATE TAX: Prices quoted shall not include Federal Excise Tax. California Sales Tax of eight and three quarter percent (8.75%) will be paid on material discretely priced in accordance with the contract payment schedule. Sales Tax will not be applied to services. LEGALITY: If any provisions of this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. CALIFORNIA LAW: This agreement shall be governed according to the laws of the State of California. IMMIGRATION REFORM CONTROL ACT OF 1986: Contractor shall be responsible for compliance with the Immigration Reform Control Act of COMPLIANCE WITH LAWS & REGULATIONS: All materials, parts and equipment furnished pursuant to these specifications shall be in compliance with the laws and regulations of the State of California and OSHA. The contractor shall, if requested by the City, supply certification and evidence of such compliance. LEGAL REQUIREMENTS AND PERMITS: The contractor agrees to fully comply with all local, City, State and Federal laws, regulations and ordinances governing performance of contractual services required hereunder, and it will be the responsibility of the contractor to obtain any and all necessary licenses, permits and/or clearances. Any costs incurred by the contractor to obtain these licenses, permits or clearances, including the actual cost of licenses, permits or clearances are the responsibility of the contractor. (see Required Data Section) [NOTE: Refer to Special Provisions Section and/or Minimum Specifications for any additional terms and conditions.]

17 Public Safety Building Page 16 of 35 RETENTION OF RECORDS: The contractor shall be required to retain any records necessary to document the charges for goods to be provided or services to be performed and make such records available to the City for inspection at the City's request for a period of four (4) years. INDEPENDENT CONTRACTOR: The parties contend that contractor in performing the services herein specified, shall act as an independent contractor and shall have control of its work and the manner in which it is performed. It shall be free to contract for similar services to be performed for other employers while it is under contract with the City. Contractor is not to be considered an agent or employee of the City and is not entitled to participate in any pension, medical or dental plan, or any other benefit provided by the City to its employees. NON-COLLUSION AFFIDAVIT: The contractor declares, by signing and submitting a quote, that the quote is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the quote is genuine and not collusive or sham; that the contractor has not directly or indirectly induced or solicited any other contractor to put in a false or sham quote, and has not directly or indirectly colluded, conspired, connived, or agreed with any contractor or anyone else to put in a sham quote, or that anyone shall refrain from quoting; that the contractor has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the quote price of the contractor or any other bidder, or to fix any overhead, profit, or cost element of the quote price, or of that of any other contractor, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the quote are true; and, further, that the contractor has not, directly or indirectly, submitted his or her quote price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, quote depository, or to any member or agent thereof to effectuate a collusive or sham quote. CLEANING UP: Before acceptance of the work, the contractor shall clean the work site and all grounds occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment, and all parts of the work shall be left in a neat and presentable condition. Full compensation for cleaning up as herein specified shall be considered as included in the prices paid for the various contract items of work and no additional allowance will be made therefor. NOTE: It is the intent of the provision described below to inform prospective contractors that the City will expect the successful contractor to use, whenever possible, recycled and/or recyclable products during the performance of the contract. [NOTE: Refer to Special Provisions Section and/or Minimum Specifications and/or Scope of Work for any additional terms and conditions.] ENTIRE AGREEMENT: This agreement is the entire agreement between the parties. PROPOSAL CONTENTS: This proposal consists of the Request For Quotations, Quote, Provisions, Specifications, Attachments and other terms and conditions as are attached or incorporated by reference in the schedule of the Request For Quotations.

18 Public Safety Building Page 17 of 35 REQUIRED DATA FORMS Include the following items with your Bid Submission List of Forms Exceptions to the Specifications History and Capability Required Licenses Financial Capability Subcontractors Designated Contacts

19 Public Safety Building Page 18 of 35 REQUIRED DATA Exceptions to the Specifications Exceptions to the specifications of any bid items stated herein shall be fully described in writing by the contractor in the space provided below: Please attach separate sheet if required. Submit all supporting documentation for substitutions as described in the Provisions and Project Specifications.

20 Public Safety Building Page 19 of 35 REQUIRED DATA History & Capability Contractors shall provide the name, locations and a narrative statement on the work performed for a minimum of two (2) comparable contracts during the past five (5) years. A short resume on the general history and experience of the contractor's organization shall be provided along with a statement of financial resources indicating the ability to maintain an adequate staff, equipment capable of complete and satisfactory support and performance of the contract. References: No. Company Info Work Performed 1 Company Name: Contact: Address: Phone: 2 Company Name: Contact: Address: Phone: 3 Company Name: Contact: Address: Phone: 4 Company Name: Contact: Address: Phone: 5 Company Name: Contact: Address: Phone:

21 Public Safety Building Page 20 of 35 REQUIRED DATA Required Licenses Contrctor shall list below the number, expiration date, and types of contractor licenses, which may be required in order to perform the services described under this contract. License No. Type of License Expiration Date (if applicable)

22 Public Safety Building Page 21 of 35 REQUIRED DATA Financial Capability (All information will remain confidential) May submit one or more of the following: Dun & Bradstreet information, if applicable Three (3) Financial References P & L statements, for a minimum of three years

23 Public Safety Building Page 22 of 35 REQUIRED DATA Subcontractors A subcontractor is any entity, not a direct employee of the prime contractor, which performs any work on the project in excess of one-half of one percent (.5%) of the prime contractor's total bid. The bidder submits herewith a list of subcontractors whom he proposes to employ on the work with proper firm name and business address of each. No. Trade Subcontractor s Company Name, Address, Phone Project Contact Name Project Contact Phone

24 Public Safety Building Page 23 of 35 REQUIRED DATA Designated Contacts Bidder is required to indicate in the space provided below, the designated contact individuals name and address as requested under Notification in the General Provisions Section of the Invitation For Bids. City of Santa Rosa Contractor Valerie Shatto Buyer Purchasing Office 635 First Street 2nd Floor Santa Rosa, CA Voice Fax Pre-Award: Project Manager Mark Armstrong Facilities Maintenance Coordinator Recreation & Parks MSCN 55 Stony Point Road Santa Rosa, CA Project Manger: Additional Contacts: For additional contact information, provide an attachment.